2018.034.003 Oral History Interview with Fernando Chang-Muy
Fernando Chang-Muy has had a long career in immigrant and refugee legal advocacy, including as staff attorney and Director of the Southeast Asian Refugee Project at Community Legal Services in Philadelphia, and as Legal Officer for the UN High Commissioner for Refugees (UNHCR). He currently teaches Refugee Law and Policy at the University of Pennsylvania School of Law, and Social Work and Immigration in its Graduate School of Social Policy and Practice. At the time of the Golden Venture, he was involved in training attorneys in York County to represent Chinese immigrants who had been transferred to the local immigrant detention center. In his brief historical overview of the then existing legal infrastructure, Chang-Muy explains that asylum law was relatively new and legal practitioners were few, thus highlighting the importance of the Pennsylvania Immigration Resource Center’s (PIRC) development of legal training. His historical overview also covers the 1986 Immigration Reform and Control Act, the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, a history of America as country of immigration and refuge for Quakers, Chinese, Central Americans, Syrians and other groups, the raising and lowering of refugee resettlement quotas under various presidents, and attempts to stop the entry of Muslim refugees in the era after 9/11. He gives in-depth legal expertise on the applicability of due process to the Golden Venture Chinese, reasons for prolonged detention, and issues of concern in the immigration detention and asylum process and system. Chang-Muy then pivots to discuss desired visitor takeaways from the MOCA FOLD Exhibition. The oral history ends with a brief discussion of his personal and family history, including the immigration of his father from Cuba as a refugee, and its influence on his decision to pursue a career in immigration law.

0:00 - Introduction and professional background, how he first heard of the Golden Venture, his involvement in program training attorneys to represent detained Chinese in asylum cases

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2:44 - Contemporaneous media coverage of the Golden Venture, immigration policy and the historical political, social and cultural context, changes brought by 1986 Immigration Reform and Control Act and 1996 Illegal Immigration Reform and Immigrant Responsibility Act, inapplicability of due process to Chinese who had physically but not legally entered U.S., ongoing issue and constitutionality of indefinite detention

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8:39 - History of America as country of immigration and refuge for various groups, history of raising and lowering refugee resettlement quotas, attempts to stop entry of Muslim refugees after 9/11

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11:59 - Indefinite detention and process for detainees to obtain release on bail, reasons for prolonged immigration detention

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18:45 - Issues of concern in immigration detention and asylum system, lack of access to pro bono legal representation for immigrants and asylum seekers, Pennsylvania Immigration Resource Center, prison conditions and treatment of detainees, prison staff lack of knowledge about religious practices and dietary restrictions of populations in detention, entities charged with establishing regulations for how detention centers are run, reluctance of agencies to take full responsibility and resolve issues

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24:22 - What he hopes the public will take away from MOCA’s exhibition, what he hopes mixed status families will take away from MOCA’s exhibition, contributions of refugees to society

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32:08 - How his personal and family history influenced his professional career in immigration law

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